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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.

The affirmative defenses include fraud, statute of limitations, release payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and all other matter by way of confession and avoidance.

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.

Affirmative defenses are reasons the defendant gives for why a plaintiff should not win. An affirmative defense can help you win the lawsuit even if what the plaintiff says is true. In Texas, defendants must assert affirmative defenses in their Answer at the beginning of their case.

Common affirmative defenses include a plea of insanity, self-defense, mistake of fact, intoxication (in some situations), and the running of the statute of limitations (the time period, starting when the crime occurred, during which a prosecution must begin).

Under Tennessee Rule of Civil Procedure 8, Tennessee follows a liberal notice pleading standard, see Leach, 124 S.W. 3d at 92-93, which recognizes that the primary purpose of pleadings is to provide notice of the issues presented to the opposing party and -4- Page 5 court.

Estoppel is an equitable doctrine, a bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true. Estoppel may be used as a bar to the re-litigation of issues or as an affirmative defense.

These are six conventional approaches to defending people from criminal prosecution. Affirmative Defense. Coercion and Duress. Abandonment and Withdrawal. Self-Defense. Defense-of-Others. Violations of Constitutional Rights.